MEHTA KARANJEET SINGH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

HCAL 2215/2018

[2023] HKCFI 2646

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 2215 OF 2018

_____________

BETWEEN

_____________

_____________

D E C I S I O N

_____________

The application

1.  The applicant is an illegal immigrant by staying in Hong Kong without permission and he lodged a non-refoulement claim with the Director of Immigration (“the Director”). The Director rejected his application and he appealed to the Torture Claims Appeal Board (“the Board”). Having considered his evidence, the Board, by its Decision (“the Board’s Decision”), rejected his appeal and affirmed the Director’s Decisions.

2.  The applicant filed Form 86 on 12 October 2018 to apply for leave to apply for judicial review of the Board’s Decision.

3.  By Form CALL-1 dated 13 May 2022 (“the Court’s decision”), the Court granted leave to the applicant to apply for judicial review of the Board’s Decision within 14 days from the date of the Order. The applicant has failed to comply with the Court’s Order to file the originating summons to apply for judicial review of the Board’s Decision.

4.  By affirmation filed on 25 August 2023, the applicant applied to withdraw his application because he wants to return to his home country. There is nothing outstanding in this action.

5.  In accordance with the Court of Appeal in Re Manik Md Mahamudun Nabi [2022] HKCA 471 at §19:

“(1) The applicant on his own motion applied to the Court to withdraw his application for leave to apply for judicial review. The Judge acceded to his application, whereupon there was nothing outstanding in the action. The Judge was correct to conclude the action by ordering a dismissal of the application instead of leaving the action at large.”

6.  The Court’s decision together with the Court’s Order are set aside and the applicant’s leave application is dismissed.